NEW YORK — A lawsuit that alleges soft-drink manufacturers, including PepsiCo Inc., are selling drinks made with ingredients that can form cancer-causing benzene can go move forward, a Kansas federal court has ruled. The suit is one of five lawsuits filed in various states. Plaintiffs are asking soft-drink makers to remove the drinks from store shelves, reformulate their products, and offer refunds to consumers who bought them. Benzene can form in soft drinks containing vitamin C, also called ascorbic acid, and either sodium benzoate or potassium benzoate. Scientists say factors such as heat or light exposure can trigger a reaction that forms benzene in the beverages. The ruling late Thursday by U.S. District Judge Kathryn H. Vratil denied a motion to dismiss filed by the defendants in the case, which include PepsiCo Inc. and privately-held Sunny Delight Beverages Co. and Rockstar Inc. ‘We’re now going to see how well the defendant companies hold up when their case is exposed to heat and light,’ said Gregory M. Garvin, an attorney for the plaintiffs with the Kansas City law firm Sader & Garvin LLC. The plaintiffs said Diet Wild Cherry Pepsi has benzene levels nearly four times […]
Thursday, May 31st, 2007
Soft-Drink Suit Can Proceed
Stephan: This is a follow up on the initial story I ran in SR several days ago; the implications of which are quite extraordinary. Thanks to Cynthia Tompkins.